Department of Environmental Quality

State Water Control Board

Water Quality Standards [9 VAC 25 ? 260]

After reviewing the information on the Proposed Modification to

9VAC25-260-185. Criteria to protect designated uses from the impacts of nutrients and suspended sediment in the Chesapeake Bay and its tidal tributaries.

It appears there is a complete lack of knowledge of aquaculture with regard to water quality needs for propagating shellfish, and the contribution that watermen and aquaculture in Northampton County make to the Commonwealth of Virginia.

Your regulation only addresses a portion of the problem generated by development and growth not the effects of your proposed resolution (includes filtering of the bay waters by mollusks) of the total problem.  The proposed regulation is only reviewing the discharge from Sewerage treatment plants, food processing, chemical and paper industries.  These industries could be discharging “PERRIER” and the negative effect (degradation of the shellfish nursery areas) on the seafood industry would be the same.

There is:

No consideration given to the need of salinity to propagate Clams and Oysters.  Your proposed regulation only mentions/addresses fish spawning and nursery areas and they are much different than shellfish spawning and nursery areas.

An effect on private property owners that have Riparian rights to Oyster Grounds.   Please review Va. Code § 28.2 -602 and 603

An effect on small business as there is a need for salinity levels of 20,000 to 30,000 PPM in order to propagate clams that Watermen in Northampton County attempt to grow and people all over the world eat.

No mention of the bayside creeks of Northampton County in this regulation.  There is no acknowledgement that they even exist.

No mention of the bayside creeks of Northampton County providing a significant number of jobs to the residents in your Environmental Impact Statement.

The continuing effort of the Commonwealth of Virginia to create a “ONE SIZE FITS ALL REGULATION” does not correctly nor adequately address the needs of the Commonwealth.  It is evident that those persons creating the regulations need broader experience and knowledge in the needs of the citizens of the Commonwealth.  I respectfully request DEQ, DCR and the Office of Planning and Budget to contact other stakeholders and further review its report.